This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
Practice Note Congratulations; you’ve landed your first post as an in-house lawyer. It’s day one, and everyone is warm and welcoming—a positive start. Yet the business has never had in-house counsel before, and you have come straight from private practice—so where should you begin? This Practice Note is the first in a series created to help you quickly become an effective part of your organisation. It sets out practical actions you should make time to complete in your opening weeks, together with longer-term projects to keep in mind and for which you should start preparing. Each of those actions is developed in more detail across related Precedents, Practice Notes and Checklists to support you as you get started in your new role. This Practice Note is intended for a new in-house lawyer joining an organisation that has not previously had anyone in an in-house...
Stakeholder mapping For the legal function to grasp your organisation and contribute meaningfully to its success, it must recognise who its stakeholders are. After identification, those stakeholders should be managed by appreciating their requirements and fostering your connections with them. Simply naming stakeholders is insufficient; they need grouping by power, influence and interest so you can pinpoint the most critical stakeholders. This process is called stakeholder mapping. This Practice Note examines stakeholder mapping, explains why recognising and mapping your stakeholders matters, and sets out guidance on creating a stakeholder map. By identifying your priority stakeholders and routinely monitoring and reviewing your dealings with them, you can keep your services relevant. When you understand your principal audience, you can shape your output and direct resources so the legal department’s work stays aligned with the business and its objectives. Disregard stakeholders at your own risk. If you...
The SRA’s continuing competence regime asks solicitors to reflect on their work and pinpoint—then address—their learning and development needs so their knowledge and skills stay up to date. This Practice Note offers guidance and ideas for weaving self-reflection and long-term planning into your personal development plans. This Practice Note covers: self-awareness and recognising your own learning needs making use of your preferred learning style long-term development planning Self-awareness and identifying your own learning needs Many of us have views on how others operate—what they do well and where improvements lie—but what happens when we focus that spotlight on ourselves? The first step to becoming a strong professional in any discipline is to heighten your self-awareness by taking an honest look at yourself and seeking feedback from others. A useful place to begin is a personal SWOT...
Clear communication sits at the heart of the in-house lawyer’s skill set. You might possess deep legal expertise, strategic acumen and strong commercial sense, but if you cannot express your advice in a way your client will actually heed, you will struggle to perform your role well. When a query lands by email, replying in kind is often the simplest option—yet what other channels could we use, and how do we choose the most effective medium? Understanding your audience Whatever method you select, start by pinpointing who you’re speaking to. For instance, are you addressing: An internal or external stakeholder A legal professional (and if so, what is their level of experience) A technical expert A front-line employee C-suite A supplier A customer How much do you know about this person? Do you understand their...
Stepping into a fresh in-house position can feel intimidating, particularly in the early days. When that post sits within an organisation that is new to you, and you must get to grips with how in-house work differs from private practice, the transition can be exciting, alarming, or both at once. This Practice Note is for lawyers moving into an in-house role. It focuses on sole in-house counsel, though it is equally relevant if you are joining a pre-existing legal team within the organisation as you take up a new role. It is designed to give you practical pointers and suggested steps to take during the second week of your new appointment. It should be read together with Practice Note: Finding your feet in-house—your first week. Your second week Having got through your first week, the second should feel far less...
Competency frameworks are frequently met with a fair dose of scepticism, yet coupling the roll out with a training programme allows delegates to ask questions, delve into the framework, and see how it shapes their role. This Practice Note walks you through the steps for putting a training programme in place to underpin the roll out of a competency framework. It covers: why training is required who the training needs to be targeted at what the content of the courses should be how the training should be delivered the timing of the training delivery feedback on training and support Why is training required? As noted, competency frameworks can be dismissed as ‘just another management fad’. The core problem is that many people fail to spot the link between their role, the framework, and the aims of the...
Congratulations. You’ve landed your first position as an in-house lawyer. It’s day one. Everyone seems warm and welcoming. That’s encouraging. Your organisation has previously had one or more in-house lawyers. The most recent holder of the role may or may not still be in the business. So, where should you begin? This Practice Note launches a series designed to help you find your feet in the role and quickly become an effective member of your organisation. It outlines practical actions to schedule in your first few weeks, along with longer-term initiatives to keep in mind and start planning for. Each of these actions is explored in greater detail in accompanying Precedents, Practice Notes and Checklists. This Practice Note is for a new in-house lawyer joining an organisation to replace the organisation’s former in-house lawyer. If you are stepping into your first in-house role in an...
Identifying and hiring the right person is often challenging and time-consuming, and misjudgements can be costly for the organisation. From the outset, be precise about the type of person you need, where to locate them, and the benchmarks to use when screening CVs. The cost of recruitment The Chartered Institute of Personnel and Development ( CIPD) estimates that replacing a leaver can cost around £5,000 for junior roles and up to £50,000 for senior positions. payroll & pension handover and easing-off time ramp-up to full productivity client care considerations advertising vacancies agency fees—from roughly 15% of starting salary for junior hires, rising to 25–30% for senior hires time spent reviewing CVs time devoted to interviews HR—administration, references, offer letters, etc IT—updates to phones, log-ins, email lists, etc Given such an investment of time and resources, it’s crucial to get things right from day one. Recruitment involves six main stages: deciding if there is a vacancy to......
Mental ill health does not pick and choose. Wealth and fame are no defence; it reaches people of every age. The myriad sports stars who have spoken frankly about depression, in particular, make clear that physical fitness is no guarantee of psychological health. It affects all ages, and physical health is no guarantor of mental health. Nevertheless, there are a number of steps we can take to try to care for ourselves—and for those around us. Self-awareness The first, and most vital, step is to understand mental health—what thriving feels like and the signs and symptoms that might point to problems. This is not typically taught at school. Attend training sessions if you can. Read about it. Without that grounding, you cannot promote positive wellbeing or notice when difficulties could be developing, for you or for others nearby. For further information see Practice Note:...
Practice Note Every organisation is unique; what succeeds in one setting may fall flat in another. Factors such as size, set-up, culture, and maturity all matter, and only you can judge what fits your context. This Practice Note shares ideas on resources to explore, alongside measures you might already use or be considering, which can shape wellbeing even when that link is not immediately obvious. Some options call for external expertise, while others can be handled internally. Research is increasingly clear (see, for instance, William Fleming): meaningful gains in employee wellbeing come less from supporting only those already struggling, or running exercise and healthy eating drives, and more from structural, system-wide action that tackles the roots of mental distress. The Mindful Business Charter ( MBC), a community of employer organisations with foundations in the legal sector, offers a framework to guide this. ...
This practice note shares advice on joining or leading projects. In-house lawyers require project management capability, even if chances to head initiatives are occasional. Knowing the core principles and selected tools will help you to: manage your matters contribute to projects scope effort more accurately with law firms act when a project is being poorly managed It is typical for in-house lawyers to be asked to explain or resolve issues previously allocated elsewhere in the organisation. Stay alert to warning signs and encourage colleagues to lead projects, so you do not slip into shadow project management to the detriment of your core focus. An overview of project management The key phases of a project are: initiation/set up planning execution/delivery delivery close As well as utilising the wider guidance in this subtopic: Project management, you can obtain a strong...
Programmes and projects sit at the heart of business operations. Though closely connected, there are important distinctions that in-house lawyers should understand. In this Practice Note we will cover the: differences between programme and project management purpose of programme and project management definition of a project and a programme, and how project managers can work productively with programme managers For further reading on project management, see the subtopic: Project management, in particular the Practice Notes: A guide to project management— An introduction to project management, the key parameters and the key players in projects, Project management: Project lifecycle and set-up, and Tips for in-house lawyers participating in or leading projects. The differences between programme and project management Think of programmes and projects as an orchestra performing a symphony. Projects are the individual...
Overview of the product development department The product development department typically works hand in hand with customer-facing teams across the organisation, such as sales and marketing, to create new products or services and to improve current offerings in response to customer and market feedback. Typical steps undertaken by the product development team when delivering new or enhanced products or services include: identifying a fresh opportunity, for example via surveys, customer research, focus groups, competitor information, usage patterns, and general feedback brainstorming concepts for products/services feasibility—whether the product/service can be built, and if it will achieve what is required and expected product/service development and testing commercial analysis of cost, intended pricing, and sales......
Calls for higher productivity permeate the whole enterprise, and the legal function is no exception. The constant expectation is to deliver more with fewer resources, and, as head of legal, you must take a fresh look at what the team undertakes and the manner in which it operates. Ultimately, this is a question of process management. By mapping and understanding your team’s workflows—extending to those handled by external providers—you place yourself in a stronger position to direct the work efficiently. This Practice Note, together with the Precedent: —step plan, sets out a number of ideas you might implement to improve how the legal team’s processes are managed. Focus on what your organisation most needs It is advisable to prioritise the legal team’s matters according to the business’s strategic priorities. As with many elements of legal operations, a clear grasp of your...
This Practice Note shares practical top tips for elevating the profile of your in-house legal team right across your company. Understand the business goals and strategy Work closely with senior stakeholders—such as general managers/managing directors and department and functional heads—to get clear on their aims and timelines. Ask about their expectations of the legal team and invite suggestions on how the service they receive could be improved or evolved. Create a vision of what and how your team delivers After gathering sufficient input from senior stakeholders, shape a clear vision for what your team represents, the value it stands for, and how it should deliver for the business. Document it thoroughly, then refine and test it—first with your manager or a mentor, and subsequently with your stakeholders for feedback. Work with your team to design your collective brand Bring your team into the process. Set aside time to run a...
This Practice Note sets out a concise, practical guide for in-house lawyers seeking to boost efficiency and streamline workflows with Gen AI. It outlines steps to pinpoint use cases, prompting best practice, risk management and compliance, cycles of review and iteration, and knowledge sharing. Identify the task Begin by defining the task—ask yourself, ‘ What am I aiming to achieve, what will success look like, and which actions will get me there?’ Decide which elements AI can assist with, such as: producing first drafts of contracts (or specific clauses), policies, letters, emails, or other internal/external communications assessing contracts and identifying clauses tailoring existing precedents, or composing fresh templates building an initial project plan draft condensing case law, legislation, or internal reports reworking documents to make legal wording clear to non-lawyers preparing legal research digests analysing and...
One of the key dates in your organisation’s calendar is the date of the annual audit Among the most significant milestones in your organisation’s year is the annual audit. Auditors are charged with checking that your processes are fit for purpose, with particular focus on legal matters and legal risk. As the in-house lawyer, you should prepare for their visit, as they will almost certainly want to meet you. Each audit firm has its own set of standard questions for in-house counsel, but they usually centre on familiar themes, for example: your risk register litigation applicable law and regulation contracts intellectual property ( IP) legal work process your knowledge and experience Since joining, you will hopefully have met key directors and heads of function. Those conversations should have helped you learn more about many of the areas that will interest the auditors. See Practice Note: Taking up a new role...
This Practice Note explores how in-house counsel can attract and retain talent across their function, focussing on personal growth, the case for a learning and development framework, making use of secondments, and a robust hiring approach. There is no single formula for securing and keeping talented people; each role varies with timing and context. As businesses evolve their strategies to prosper, in-house legal teams must do the same for recruitment and retention. Success is about more than HR policy and procedure; it requires a defined purpose for the legal function and clarity on the roles and behaviours that will deliver value to the organisation. With in-house roles being filled ever faster, winning the right candidate in a competitive market demands a precise understanding of the requirements and the ability to promote the team, the company and its brand to...
Practice Note Well done on landing your first position as an in-house lawyer. It’s day one, and the legal team is warm and approachable—an encouraging start. This Practice Note begins a series designed to help you swiftly become a valuable contributor to your legal team and the wider organisation. It highlights practical actions to prioritise in your opening weeks, alongside potential longer-term initiatives that may arise. Each of these actions is explored in greater depth in related Precedents, Practice Notes and Checklists to support you as you settle into your new post... This Practice Note is aimed at a new in-house lawyer joining a pre-existing legal team within their new organisation. If you are stepping into your first in-house role at an organisation that has not previously had an in-house function, see Practice Note: Taking up a new role in-house—new role to you and to the...
This Practice Note This Practice Note offers guidance and tips for in-house counsel on building programmes that embed legal awareness across the business. Enabling clients to understand the law is among the most valuable impacts in-house lawyers can deliver. Yet many intend to be proactive, only to discover that time pressures derail them. Some also worry that partial knowledge could be risky, fearing colleagues might go off piste without adequate oversight or support. It is vital that the organisation accepts that commercial teams must be legally literate. A legal awareness programme should pursue three core aims: first, to help people spot when choices or activities may carry legal consequences; second, to ensure they know when, and in what way, to approach the legal function; and third, to nurture a culture where compliance and ethics are viewed as essential to commercial...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...